Legislative and Public Policy Committee

Date:  June 16, 2008
11:00-1:00

Minutes Review from May 5

Irene Aguilar motioned to approve the minutes from May 5; Stephanie Garcia seconded; they were consensually approved.
 
Meeting with Senator Keller on ICFs/MR

·         Irene reported that Mike McCarty, Bob Lawhead, Beverly Hirsekorn and she had met with Senator Keller regarding ICF expansion activities.  Senator Keller was very well informed about the ICF issues and the needs of people served by the Regional Centers.  She seemed equally concerned about costs and assured the group that she would not support expansion of ICFs to community services.  Senator Keller reported that she thought that the Executive Director of Health Care Policy and Finance would also oppose expansion into the community.  The Division is to report to the Joint Budget Committee no later than December 1, 2008 on how the state will limit inappropriate proliferation of ICFs in the community.  Senator Keller also recommended that we listen to supplemental proceedings on June 23^rd as they will likely include one for The Resource Exchange and its plan for continuing services.  Senator Keller was interested in the new information from CMS that would support an extraordinary provider rate if it could be shown that certain populations had more complex needs.  She brought that information to John Dario.  It is still unclear whether that alternative had been explored before considering ICF expansion.

·         The Committee had an extensive discussion on the ICF model.  Stephanie has seen service degradation since facilities are using state plan to access services instead of quasi-managed care.  ICF care level should bring service levels back up.  Mike challenged the Committee to consider how regression to ICF is also violating Olmstead.  It was agreed that medically fragile can be supported in community; it is more challenging for behavioral needs.  Mike and Irene will take a discussion of a possible lawsuit to the Executive Committee.  The notion of having the Legal Center consider a lawsuit, will be raised.  Along with Olmstead issues, the group considered a bucket of water analogy where ICF funded services would drain the bucket that also serves community services and other services to people with developmental disabilities.

·         Irene will rework the letter to Sharon Jacksi to talk about the Division considering more progressive policy such as “Money follows the People,” Consumer Directed Services Implementation and Paying Family Members rather than regressive ICF policy.

 Proposed legislative draft regarding persons with disabilities on workgroups

• The draft was supported in concept.
• Members of the disability community will be solicited for modifications and enhancements as well as support. Staff will send as an email for the entire Committee to touch base with constituents and seek input.
• Bob Lawhead and Diane Rehner are still working on another concept. 

Recommendation for Bob Lawhead for SB 04 and 05 Workgroups

• The Committee approved both letters to be sent to their respective bill sponsors.
•  Mike and Irene will request that Penny sign the letters.
• Staff will send them out upon signature.

Upcoming Issues within the DD Community

Definition Changes:

• It was reported that the Division is trying to narrow the eligibility definition through the rule process.
• The Committee would like to develop a position paper like other formal Council position papers that define the Council’s vision of the definition
• Diane suggested doing media work once such a paper is developed including Op-Ed articles in local newspapers, press releases and calls to legislators.
• Mike and Irene will bring the concept to the Executive Committee.

Rates

• Discussion occurred around anticipated rate changes.  It is recognized that this will tend to make allocation more equitable.  There is great fear among families and among providers.  The system was told not to use historical rates to set the new levels.  It is felt that some did use historical levels.  People now bring calculators to staffings.  Some people felt that the needs of the agencies are being considered before the needs of individuals.  In Pueblo, PDI, a sheltered workshop, will be doing direct billing while others will wait and see.

Workgroup for paying families and service in home

• Diane Rehner and Sheryle Hutter would like to represent the Council on the SB 02 Workgroup.
• Beverly will let Marcia Tewell know.

September Council Meeting

• Ballot issue Review
• Session successes and challenges
• Other things to be identified

Focus for next year

• 1-2 Proactive pieces of legislation
• The Committee agreed and requested staff to send ballot initiative information out to Council and Committee members so they could enlist people to collect signatures.
• Projected position paper on definition of DD

The meeting adjourned at 1:10.
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Attendees; Mike McCarty (Chairperson); Irene Aguilar; Stephanie Garcia (by phone), Sheryle Hutter (by phone), Diane Rehner, Menda Warne (by phone); Beverly Hirsekorn

Next Meeting:  August 4, 2008, State Capitol, Room 111 (We will work as necessary in July by email/snail mail)          

Meeting Activities
Date:   May 5, 2008
11:00-1:00

_____________________________________________________________________________________

 
Minutes Review from April 21

Mike Nelson motioned to approve the minutes from April 21; Irene Aguilar seconded; they were consensually approved.
 
ADAPT Event in Washington, D.C.

·       Mike McCarty reported on his ADAPT trip.  ADAPT shut down the Health and Human Services Agency for 4 hours.  Mike reported that Secretary Levitt agreed to no cuts to Medicaid.  ADAPT had 600 people from all over the country.  They also went to the National Governor’s Association and the Republican National Agency.  Several ADAPT members were arrested when they surrounded McCain’s office.  Congressional members from Wisconsin, Illinois and Rhode Island met with ADAPT during their demonstration.  ADAPT was to meet with Representatives Lamborn and Musgrave.  The Legislators were not available so they met with legislative aides instead.

Current Legislative Priorities

• SB 08-02  The Committee review the most recent amendment to the bill requiring a decision by the Department of Human Services as to whether provision of a service or support by a family caregiver in the family home would provide the person receiving the service or support with the least restrictive environment.   The concern that this intends to remedy is that people may keep their family member in a less independent environment than is appropriate.  It was thought that new legislation next year might be introduced to challenge that decision point.
• HB 08-1072  The bill has been amended to study the effectiveness of a Medicaid Buy-In after 3 years of implementation.  The report is due to the Health and Human Services Committees of the General Assembly and the Joint Budget Committee.
• HB 08-04  A new amendment adds a working group to study and create recommendations to the Department of Human Services and the Department of Personnel on a state employment program for persons with developmental disabilities.  The Committee would like to recommend Bob Lawhead’s participation on that workgroup.  A letter will be drafted.  This program is intended to be a model for other employers in Colorado.
• Referendum on Wait List  The Arc of Denver has signed on according to Committee members.  They are still concerned that guidance about how the money can be spent is not part of the effort.  There are concerns that providers will not be willing to expand capacity if they are currently operating over budget. 
• House Bill 08-1389 has had auto insurance stripped from it.  It still is a good bill for ensuring transparency for health insurance.   

New Business

• The Resource Exchange will continue to provide case management services.  The Division of Developmental Disabilities and Legislators representing the catchment area negotiated an opportunity to assist the Community Centered Board.  The Committee is concerned that Community Centered Boards may not have consistent or adequate cost accounting occurring.  The Committee would like more information if it becomes available.
• Staff spoke to Senator Keller about meeting.  She is getting over 150 emails per day but is interested in meeting in early June.  The Committee determined that June 2 or 9 at 9:30 would be optimal to meet with Senator Keller.  Staff will get back to the Committee when Senator Keller identifies what fits her schedule.  Kathy Grant would like staff to get her an Autism Commission application.
• The Committee determined that it would meet next on June 9 at 11:00.  Mike McCarty will contact Representative Stafford to see if she would be willing to arrange a room at the Capitol over the summer.
• The Committee discussed creating proactive legislation consistent with the 5 Year Plan.  It also discussed identifying other organizations that would be interested in working together to realize a legislative goal.
  -  The first idea that was agreed upon was to propose legislation to require that people with disabilities be placed on workgroups on legislative proposals that impact them.  No cost is anticipated.
  -  A second idea, around a standardized cost system, will be further fleshed-out by Diane Rehner and Bob Lawhead.  The group wants to be clear that this would be a system enhancement. 
  -  Groups that may be interested in helping include Arcs, Colorado Cross Disability Coalition, and PAD-Co
  -  Diane will draft something and email it to Bob and Staff; Bob will work on the document and send it on to Irene and Staff.
• The Council had been asked to take a position on biologics for the Coalition for Safe & Innovative Medicine.  After considering the materials sent by the Coalition, the Committee determined consensually that they would not take a position as the issue fell outside the scope of the 5 Year Plan

The meeting adjourned at 1:00.
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Attendees; Mike McCarty (Chairperson); Irene Aguilar; Ed George; Kathy Grant, Julie Farrar (guest); Bob Lawhead, Mike Nelson; Diane Rehner (by phone); Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:   June 9, 2008, State Capitol, Room 111 (Changed to June 16, 2008)

Meeting Activities
Date:   April 21, 2008
11:00-1:00  

Minutes Review from April 14

Mike Nelson motioned to approve the minutes from April 14; Ed George seconded; they were consensually approved.
 
Current Legislative Priorities

• The ARC Resolution Coalition is fundraising for signature procurement.  The Arc of Denver is neutral on this initiative.  Alliance has signed on.
• The insurance lobby is working on stripping auto insurance from HB 1389, Insurance Rate Accountability, Transparency & Equity Act of 2008. 
• It was reported that HB 1167 addressing Vulnerable Populations, would put all its study groups under Health Care Policy and Finance’s Long Term Care Committee.
• Bills will be moving very quickly as we approach the end of the session.  It is likely that all bills developed under the interim committee will be sent to the Governor’s desk.
• Mike McCarty, Irene Aguilar and Beverly Hirsekorn will meet with Senator Keller to discuss ICFsMR and alternatives.   

New Business

• Marcia Tewell presented on a decision by the Executive Committee for the Council to consider contracting with a professional lobbyist who has multiple client contracts.
  -The contract would be for $5,000 to cover 2-3 specific bills.
  -The contract would cover next session. 
  -Marcia will create the contract and have oversight on the lobbyist’s activities as she does for the rest of the staff.
  The Public Policy Committee had the following thoughts and recommendations:
  -There was a lot for one person to handle at the Capitol this year.  Staff did a good job and this can increase capacity.
  - The lobbyist should also report to the Chair of Public Policy or his designee.
  - There should be weekly reports on lobbyist activities to the Public Policy Committee.
  -  The lobbyist should communicate with the full Council and identify the bills s/he is working on
  - This should be considered a trial program and there should be an evaluation of whether the lobbyist was cost effective.
  - The Public Policy Committee should look at the 5 Year Plan and identify policy that the lobbyist could proactively work on.
• Marcia reported that Christi Hendrickson be the Council member submitted to the Governor for the Autism Commission
• Diane Rehner reported on her activities on the Quality Committee for the Division for Developmental Disabilities.  The Committee reviewed the system and the various ways the division collects data about the whole bureaucracy.  They have facts about critical incidents by date, by CCB, by type, etc. Critical incidents now need to be routed directly to the division, which hopes to notice trends to be followed with a question to the relevant CCB for further inquiry of the relevant service provider.   They collect a dizzying amount of other facts, which can be sorted ten different ways with the push of a button.  Micro-board documentation must be kept up to date, forwarded to several different offices. Then someone there signs it and supposedly mails it back. Sometimes this works as designed, and sometimes it is a lot of effort to write up a little cut on the small toe of a person receiving services. It will be useful to monitor how major incidents are documented in division oversight and more importantly, what sort of change is reflected as a result.
  Even though it seems like the USM study has vanished from existence, it is still a topic with juice on Princeton Circle. Only three comments were sent in during the window requesting responses to the division reaction to the study. One was from PADCO, don’t remember the others.  But one of them suggested creating two sets of boards, the CCB being separate from the service provision board. They thought this idea had some merit.
  The Committee will also consider information identified through validation processes and a Targeted Case Management Survey.  Goals for the Committee include improvements to the web site and a complaint roster
• The Committee decided to cancel the April 28^th Committee Meeting.  At the May 5^th meeting, the Committee will look at the 5 Year Plan, strategize on a planned focus and identify stakeholders to bring together.

The meeting adjourned at 12:30.
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Attendees; Mike McCarty (Chairperson); Irene Aguilar; Ed George; Don Hutter Jr. (guest); Sheryle Hutter; Aileen McGinley; Mike Nelson; Diane Rehner; Julie Farrar & daughter, Elizabeth; Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:  May 5, 2008, State Capitol, Room 111  

Meeting Activities
Date:  April 14, 2008
11:00-1:00

_____________________________________________________________________________________

Minutes Review from March 31 and April 7

Kathy Grant motioned to approve the minutes from March 31 as revised; Mike Nelson seconded; they were consensually approved.  Kathy Grant motioned to approve the minutes from April 7 as written; Mike Nelson seconded; they were consensually approved.
 
Current Legislative Priorities

• House bill 1047 passed out of House Appropriations.  Representative Riesberg took Council concerns to heart after reading our letter and voted no.  Representative Pommer thought that if people did not think this model of employment was good, they do not have to sign up for it.  Marcia pointed out that the choices for different models were not equal.  This is about affirmative action and desperate parents.  There is not a level playing field. (Good Will Bill)
• HB 1031 had $500,000 put on for fiscal impact.  This is the navigator bill.
• The FAIR Coalition lobbyists were assigned legislators to inform.  Beverly spoke to several that were co-sponsors and found a person to work with one co-sponsor that was waivering.  (Transparency for Insurance Rates.) 
• The Waiting List ballot initiative is moving forward.  Children’s wait lists have been added.  A pre-ballot survey shows strong support for the issue.  ARC of Colorado will need to raise about 3 million dollars to obtain signatures to put on ballot. 
• Sheryle Hutter reported that Senator Morse agreed to hold off on legislation until next year.  He agreed that a study should be done.  The Department of Health Care and Financing has been asked to back off due to lack of consensus.  It is felt that this should be evaluated along with SSA requirements. 

New Business

• The Resource Exchange will stop doing business on May 12.  Marcia reported that Redstone Enterprises, another non-profit, might take over.  The state is still working on alternatives.  The state has ultimate responsibility to ensure people are not thrown out of services.
• Discussion occurred about whether the state has capacity to absorb new resources.  Reversions have occurred when only 40 new resources were allotted from the Long Bill.  This year we have more than 300.  When the Referendum passes, there will be even more demand that capacity be available for many people at once.  One major CCB director was concerned that infrastructure is not being paid for currently.  There is no extra money to develop a resource plan and find providers.  It will be important for all stakeholders to work together to prevent reversions and ensure services.  Staff was asked to draft a letter to Sharon Jacksi for the purpose of advising her that we recognize the issue and want to help find a solution.

• Menda reported that there doesn’t seem to be a due process for CHP+.  She cannot seem to find anyone that will be responsive in the advocacy community. 

The meeting adjourned at 12:20.

________________________________________________________________________________

Attendees; Mike McCarty (Chairperson), Kathy Grant, Don Hutter Jr. (guest), Sheryle Hutter, Bob Lawhead, Mike Nelson, Diane Rehner, Menda Warne, Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:  April 21, 2008, State Capitol, Room 111  

Meeting Activities
Date:   March 17, 2008
11:00-1:00

_____________________________________________________________________________________

 
Minutes Review from February 25, March 10

Kathy Grant moved that both minutes be approved as written; Bob Lawhead seconded.

The Committee approved the minutes by consensus.
 
Step Down Care from Hospital for Children on Trachs and Vents Presentation by Christy Blakely

• There is a lack of services in the community for children with trachs and vents
• They need a minimum of 3 RN.LPN level professionals to be in home (one can be a parent)
• 14-19 children are living at Children’s hospital because either care is unavailable or they need the sophisticated/sensitive equipment that is not available in the community
• Some children are Wyoming residents
• Equipment companies will not allow special equipment in rural areas where they can not service within very small time frame (child needs to be bagged if machine goes down)
• They cost $4,500/day in Children’s Hospital
• Christy is working with Cambridge out of Pennsylvania to create a step down facility that will be more home-like and only cost $1,000-1,200 per day
• The company has similar facilities in New Jersey and Pennsylvania
• They will be required to help manage care to enable children to transition to home if possible
• Looking at a licensed 30 bed facility with ability to take children at home currently on trachs and vents to use extra beds for respite
• Looking at old Beth Israel hospital building on 16^th & Lowell as a potential site
• Facility would house people with Brain Injury on alternate floors

Christy’s position:

• This provides a choice for families allowing them to be in a more home like facility
• She would look at rule enforcement…only children under 18; change rule that a child would need to be in hospital before entering step down.
• HCPF staff and Christy are going to other states to see facilities
• Less cost to state
• Nursing rate and benefits are possible where capacity for nurses in community is very limited

Council concerns

• Facility is a skilled nursing home for children
• Beth Israel and similar facilities are not home like
• Perhaps a Ronald McDonald model would be better
• If we build it, they will come
• Other groups have wanted nursing homes for children….this is a slippery slope
• How can the Council support segregated care when it opposes ICFsMR….a similar model
• Support of such a model is inconsistent with the Council Position on Family Support that children belong with their families
• Technology and appropriate professionals should be supported to be in community rather that supporting facility based services
• Respite and Home and Community Based Services are the trend of the future; facility based care and segregated environments move the state back 20 years

Committee decided to hold discussion with full Council at a TBD Council meeting.

Old Business

HB 1072

Ohio’s Buy-In is on hold due to budget issues reported by the Ohio DD Council. This bill is still waiting in House Appropriations. 

HB 1047

This bill is still waiting for consideration by the House Appropriations Committee.

SB 02
House Appropriations Staff reported that this bill and many others are waiting until the Long Bill is introduced and processed.  At that time, there will be a better indicator whether funding is available and the legislators will then prioritize bills for funding.
 SB 04
The bill is waiting for consideration by the Senate Appropriations Committee.
 SB05
The bill has passed 2^nd and 3^rd reading and has been sent to the Governor for signature.  Bob has requested a signing ceremony.

HB 1101

The bill is waiting for Appropriations Committee review.  There will be many bills competing for the same limited resources and the Governor is committed to new funding but it is not clear that this bill will be the mechanism.  Staff will follow up with JBC staff on plans for ICF implementation.  Stephanie reported that San Carlos was expanding to serve more prisoners.  The driving problem is that the Medicaid state plan rate is not high enough to incentivize providers to serve this specialized population. 

HB1031

Sheryle was unavailable for this meeting and information she planned to obtain is tabled until the next meeting.

SB 165

Christy suggested that the Council might consider housing the Governor’s Council in a collaborative effort.  The Committee discussed various aspects of support that would not require fiscal impact.  Marcia will ask the Executive Committee to consider putting this item on the Council agenda for further discussion.

Trust Legislation

Stakeholders are meeting with HCPF staff to negotiate concerns.  It is not clear whether Senator Morse will initiate a new bill this session.  Sheryle Hutter will keep the Committee apprised about new developments.
HB 1235
The House Health and Human Services Committee received the Council’s Position Paper on HB 1235 has been postponed indefinitely. 

New Business

ARC Resolution
Staff presented the Arc Resolution supporting a sign on for organizations that support a ballot initiative for financing the full Wait List through a sales tax increase.  Mike McCarty motioned to send the discussion on to the full Council; Bob Lawhead seconded.  The Committee agreed by consensus.  The resolution and supporting information will be presented as a voting item to the full Council under the Public Policy Committee report on March 26, 2008.

Insurance Rate Accountability, Transparency & Equity Act of 2008

Staff presented information about Representative M. Carroll and Senator Sandoval’s proposal to have any future insurance premium increases to be reviewed by the Insurance Commissioner for proper justification.  This bill helps to stifle Medicaid growth when people are priced out of commercial health insurance.  If they become indigent or have a catastrophic event, their health care is cost shifted to public care.  Other advocates have already signed on such as the Autism Society, Arc of Arapahoe & Douglas, Co AIDS project, Families USA, Family Voices and THRIVE.  Mike Nelson motioned to support the bill; Kathy Grant seconded.  The Committee agreed by consensus.  Mike McCarty requested that the full Council also discuss this item.  It will be presented as a voting item under the Public Policy Committee report on March 26, 2008.

Southern Maine Study

Diane Rehner presented materials that show that Southern Maine’s Report recommended separate case management.  The Division’s response seems to indicate “business as usual.”  Different advocacy entities will pursue action through alternative channels.  One argument presented by CCBs is that Boards could not survive on just case management fees if services were separated.  There continue to be concerns about resident survey relevance, retaliation, lack of experience with alternatives and lack of choice.  The Quality Assurance Surveys are supposed to be up on the Division for Developmental Disabilities website.  It is not clear whether this is only formal complaints and includes all incidents.

The meeting adjourned at 1:05.

________________________________________________________________________________

Attendees; Stephanie Garcia (by phone,) Ed George, Kathy Grant, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Beverly Hirsekorn (staff), Marcia Tewell (staff), Christy Blakely (guest)

Next Meeting: March 24, State Capitol, Room 111 (Canceled)  

Meeting Activities
March 10, 2008

11:00-1:00  

Italics indicate action items.

Meeting Activities
February 25, 2008

11:00-1:00  

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Minutes Review from February 11

The Committee approved the minutes by consensus.
 
Old Business

HB 1072

Kathy Grant updated the Committee that the bill is waiting for consideration in the House Appropriations Committee.  Sheryle Hutter reported that the Cross Disabilities Coalition believes there is a problem with the calculation of what people should pay to access Medicaid benefits.  This seems to be in contradiction to 34 states that already have a Medicaid buy-in.  Kathy will research other states like Ohio to find out how long their programs have been in existence and how successful they are.

HB 1047

It was reported that this bill is still waiting for consideration by the House Appropriations Committee.

SB 02
Discussion laid over to next meeting when Irene will be present.

SB 04
The bill has been modified into a study and a new fiscal note should be forthcoming.  Some Committee members wondered whether the state is totally compliant in meeting ADA accommodations when people go through the personnel system.  If people feel they have not been ADA accommodated, there is a protest process to investigate.

SB05
The bill has been introduced into the 2^nd House but has not been heard.

HB 1101

The bill is waiting for Appropriations Committee review.  There will be many bills competing for the same limited resources and the Governor is committed to new funding but it is not clear that this bill will be the mechanism.  The Committee reviewed a letter regarding the ICF-MR requests from the Department of Human Services, justifying their request as well as a couple letters from parents.  One letter opposed the request; the other supported the request.  Ultimately, if the expansion for ICF beds occurs, another Office of Civil Rights complaint may be filed.  The Committee suggested that a new amendment be added to HB 1101 requiring that any new money go to community services, not to institutional services.

HB1031

Discussion occurred about amending the navigators to be in an independent entity.  Various alternative entities were discussed that already work with community members and are often more knowledgeable than case managers.  Sheryle will check with PAD-CO and Cross Disability Coalition to see if they would be willing to assist people to navigate the system.  Continuing to locate navigators within Community Centered Boards is seen as a conflict of interest.  Staff will distribute the University of Southern Maine study for conversation at a future meeting.

SB 165

The Committee discussed various aspects of the bill that could complement the work of the Council particularly ADA and Olmstead.  It was noted that the sponsor should be made aware that the bill as written, had the potential to duplicate the Council’s role.  Staff will attend a meeting with the sponsors and Bill Hanna to clarify the intent and source of the bill as well as educate the sponsors on the Council.

Trust Legislation

Marcia Tewell reported that concerned attorneys met with the sponsor.  The result was that a meeting would be convened with stakeholders.  The bills will be delayed until the meeting can occur.

HB 1127

Staff brought a draft letter to the Committee in support of 1127.  One more paragraph should be added to address fiscal note concerns.  Front-end investment is more than mitigated by allowing people with developmental disabilities to become taxpayers as well as allaying costs for alternative programming.  Bob Lawhead will work with staff so support letters can be delivered to the House Appropriations Committee this week.

Balance of bills on agenda
HB 1235 The HCPF proposal to expand managed care has been laid over.  The additional bill discussion will be delayed until Irene is available to discuss.

Keeping Connected

Marcia will send links out to other organizations lists so people may continue to keep informed on bills of interest to different parts of the disability community.

The Committee agreed to participate in the Health Care Day of Action on March 3 and will reconvene on March 10^th.  Marcia will facilitate the next meeting.

________________________________________________________________________________

Attendees; Ed George, Kathy Grant, Sheryl Hutter, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Beverly Hirsekorn, Marcia Tewell (staff)

Meeting Activities
February 11, 2008

11:00-1:00

_____________________________________________________________________________________

Consumer Directed Quality Act

Julie Farrar presented the concept paper to codify and empower a consumer directed advisory board over Consumer Directed Services administered by the Department of Health Care Policy and Finance.  Council staff accompanied Julie, other staff from SEIU, and Laura Hershey and her staff when they met with potential sponsor, Representative Andy Kerr.  Representative Ferrandino is also a potential sponsor.  The Council has historically supported this program and empowerment of consumers.  While the concept is not yet drafted as a bill, the Committee members voted to actively support the effort.  Irene Aguilar motioned to support the effort; Mike McCarty seconded; Committee members voted unanimously to actively support the effort.

Autism Commission

Kathy Grant presented the Autism Commission bill intended to cover the full spectrum of people with autism and their many complex issues.  The thought is that with the significantly growing population of identified individuals, a focused effort needs to be developed through the Commission.  Irene Aguilar motioned to support the Commission bill; Diane Rehner seconded the motion; Committee members voted unanimously to actively support the effort.  (Marcia Tewell signed on to the petition supporting the legislation.)

HB 1220

Staff will attend a meeting with other stakeholders and the Department of Human Services Staff. Diane plans to also attend.  The meeting intends to discuss amendments and language clarification.  Irene Aguilar motioned that staff request that sections A, B, and C be retained as reasons to decertify a Community Centered Board and that the language “these reasons, but not limited to” be added.  Mike McCarty seconded; Committee members voted unanimously to actively support the language request.

Committee Members to Monitor Bills

As a working Committee, members agreed to take responsibility to monitor and testify if necessary on specific bills.  There are so many bills that it is difficult to ensure the Committee is staying apprized without this assistance.

The following commitments were made”

Mike McCarty  HB 1047

Irene Aguilar    SB    02

Kathy Grant     HB  1072

Bob Lawhead  SB 04

Bob Lawhead  SB 05

Staff                 HB 1101

?                      HB 1031

HB 1127

Committee members identified that the Council should take a position on HB 1127 that created a state tax credit for employers of people with developmental disabilities.  There is still a federal tax credit as well.  The fiscal note reflects a loss to the general fund due to the tax credit.  Bob Lawhead noted that these sorts of tax credits should be carefully used as leverage if an employer was close to hiring an individual with developmental disabilities.  This is because some employers use the credit for the three years it is available and then terminate the employee with developmental disabilities.  It would be better used to allow an employer to learn the value of their employee and then make the benefit of the employee more important than the lifespan of the credit.  Irene Aguilar motioned that staff create a letter of support for the House Appropriations Committee.  Mike Nelson seconded; Committee members voted unanimously to support writing a letter.  Staff will compose a letter.

Case Management and Service Issue

Staff suggested that individuals having case management and service issues should directly call Council Members Shari Repinski and/or the new Division Director for Developmental Disabilities, Sharon Jacksi.  Staff will provide appropriate telephone numbers as requested.

Health Care Day of Action

The Council had been a sponsor for this coalition day last year (first year) to remind legislators how important health care reform was for all Coloradoans. The Council is a member of Colorado Consumer Health Initiative who facilitates the day.  The Committee sees participation as a sponsor as one way to ensure recognition that people with disabilities need better access to more appropriate acute and long-term services.  The Committee asked staff to contact CCHI to commit as a non-financial sponsor.  Committee members agreed to contact constituents to participate on March 3^rd.

Other Bills Identified by Committee

1167

Irene Aguilar will read the bill addressing vulnerable populations to identify impacts to the Council constituency; she requested that staff also read and submit comments to her.  Staff is overseeing many policy issues but will try to help and asked Irene to remind her.

1235

Mike McCarty reported that the Cross Disability Coalition opposes allowing HCPF to initiate new managed care efforts.  Some of the concerns are transparency, how funding is being used and client involvement.  Staff reported that HCPF says they need this bill to look at innovative pilot programs bringing better care to people.  The bill uses very board language and is likely to be amended to be more detailed.  At this point, Council staff is monitoring the bill.

1114

Irene Aguilar and Mike McCarty have concerns that this legislative proposal increases funding for nursing homes using a provider tax to increase rates.  Irene will look at whether the increased funding will increase quality assurance or other quality indicators for residents.  Philosophically, increasing funding for institutions is antithetic to home and community based services that the Council endorses.

1242

This bill impacts home care providers.  Irene Aguilar will also review this bill for our next meeting.

________________________________________________________________________________

Attendees; Irene Aguilar, Julie Farrar, Ed George, Kathy Grant, Sheryl Hutter, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Andrew Roybal, Carlos Roybal, Kelly Stahlman, Beverly Hirsekorn (staff)

Next Meeting: February 25, State Capitol, Room TBD     

Meeting Activities
November  9, 2007
Winter Park, CO

Proposed Legislation

Committee members reviewed two pieces of proposed legislation originating in the Interim Committee addressing Long Term Health Care Services and Support to People with Developmental Disabilities.   

Bill E was created with Bob Lawhead’s leadership.  It establishes an outcome-based supported employment system for integrated employment services for persons with disabilities, including developmental disabilities ("system"), that creates a reimbursement schedule for community-centered boards and agencies that provide employment services to persons with developmental disabilities, mental disabilities, and brain injuries. Authorizes the executive director of the department of human services ("department") to promulgate rules for the system. Requires the division of vocational rehabilitation in the department to report annually to the department on the employment outcomes achieved. Requires the department to report annually the employment outcomes to the general assembly.  Senate sponsors are Senator Williams, Boyd, and Keller; House sponsors are Representatives Pommer, and Soper 

The Committee thought this bill deserves active support by the Council.  They asked Beverly to draft a support letter that may be used for Council discussion in January as well as the legislature.  They would like to bring it to the Executive Committee in December.  Irene will edit.

Bill A was created by Representative Bob Gardner.  Creates the set aside contracts commission (commission) to assist nonprofit agencies that employ persons with severe disabilities (nonprofit agencies) to perform specifically identified state agency services. Specifies the membership and duties of the commission. House sponsors are Representatives Bob Gardner, Garcia, Pommer and Soper; Senate sponsors are Boyd, Keller, Spence and Williams  

The Committee discussed many concerns with Bill A.  It was described as misguided beneficence, not inclusive, not person-centered, creating a market for segregation and lacking protections for employees such as equitable pay with state employees doing comparable work.  It is recommended that this bill be considered by the Executive Committee for discussion at the January full Council meeting.

Beverly will send all the Interim Committee bills to the Committee in preparation of the discussion.

Sheltered Workshops

The Committee would like to learn more about how sheltered workshops are part of the service system.  They wanted to know whether consumer committees are advisors to the workshops and how the system is accountable to weigh community competitive placements on a higher priority.  They wondered if someone completes a form demonstrating consumer interest in competitive employment.  Beverly will check whether Al Orlofsky or Linda Dunn can address these questions. The Committee talked about the possibility of a Governor mandate against workshops (new) or a law preventing new funding from being allocated toward workshops. 

Committee Administrative Topics
Mike McCarty is committed to continuing as Committee Chairperson.

Irene, Mike Nelson and Sharisa want to continue to be Committee members.  Sharisa cannot walk long distances but will work to participate by telephone or find parking close to meetings.  Beverly wiIl find a parking map that shows parking spaces for people with disabilities around the Capitol.

The group would like to ask Carol Meredith to join the Committee.

Both Mikes, Sharisa and Irene on Monday or Wednesday, are interested in testifying on legislation.